Comptroller of the Currency / Administrator of National Banks
Customer Assistance Group
1301 McKinney St Ste 3450
Houston, TX 77010-9050
July 22nd, 2011
Re: Case 00000000 / JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
I am writing to you today in response to your letter dated June 24th, 2011.
Though I am sure that this agency has its hands full your investigator could not have made an accurate determination as to whether or not Chase violated the ‘spirit’ of the FDCPA, let alone whether or not their collection activities hover on the fringes of what is allowed or should be tolerated for without also interviewing any witnesses or others involved.
I fully dispute the assertion that “when I failed to return collection calls Chase Bank contacted third parties for the permissible purpose of verifying location, and that no personal information was disclosed”. First and foremost, I am under no legal obligation to respond to any phone call from anyone and, that Chase Bank was fully aware of my location at all times and that it had not changed. Second, and most importantly, Chase did disclose personal information to others on a number of occasions despite what your research may have shown.
In addition to disclosing personal information, leaving a message asking an elderly neighbor to take down a phone number and to ‘run it over to me right away’ telling said neighbor that: “It’s an urgent matter from Chase Bank and they need to speak with me right away” is not verifying an individuals location no matter how you wish to construe it. What it is-is ‘using an individual not party to the contract as a messenger service’.
Simply reviewing one-side of a story doesn’t make this agencies determination fair or accurate though I accept that it is likely all that this agency can do.
I am fully aware that Chase is not obligated under the FDCPA because they are the original creditor however that doesn’t make it right, nor does it make it something I as a consumer must accept at face-value. Congress in the creation of the FDCPA surely could not have anticipated that original debt holders would stoop to the level of the third party collectors that were/are provided for in the FDCPA or they would not have been excluded.
I fully intend to press for action by appropriate legislative parties to correct the injustice being afforded consumers by companies like Chase Bank and Chase Auto Finance who ‘push the envelope’ when it comes to their at minimum ‘improper’ collection activities.
I sincerely thank you and your hard working office for your time in this matter.
Salt Lake City, UT 84115